Last Updated: September 18, 2023

In today's competitive business landscape, offering the right benefits can set your business apart, helping you attract and retain top talent. One of the most valuable benefits you can provide is a robust retirement savings plan. Among the options available, safe harbor 401(k) plans have emerged as a favorite for many businesses.

The popularity of safe harbor 401(k) plans stems from their ability to bypass certain annual testing requirements, optimize tax benefits, and maximize savings for business owners and highly compensated employees. In this article, we will outline the different types of safe harbor 401(k)s available and discuss the pros and cons of each.

What Is a Safe Harbor 401(k) Plan?

A safe harbor 401(k) is a type of retirement plan that automatically satisfies many of the annual compliance tests required for traditional 401(k) plans. These plans were designed with the convenience of the employer in mind, as they simplify administration and allow business owners to maximize their contributions.

There are several types of safe harbor plans, each with unique contribution structures and features. Each type has pros and cons, so it's essential to grasp the distinct features of these plans when determining the best fit for your business.

Benefits of Safe Harbor

• Administrative Benefits: One of the key benefits of safe harbor 401(k) plans lies in their ability to automatically satisfy certain compliance testing requirements. Safe harbor 401(k) plans are deemed to pass tests such as the Actual Deferral Percentage (ADP) and Actual Contribution Percentage (ACP) by virtue of safe harbor employer contributions, which are otherwise required for traditional 401(k) plans. This simplifies the administrative process and helps you avoid penalties and other potential costs.
• Tax Benefits: Safe harbor plans allow businesses to deduct employer matching contributions (up to the IRS limit) from their taxes, offering another pathway to savings.
• Savings Benefits: In a safe harbor plan, the business owner can maximize their contributions to their own 401(k) account. Employers can also receive additional savings from the company's matching contributions (you're an "employee" too).

Without a safe harbor contribution feature in a 401(k) plan, owners and high-earning employees may face limitations on their contributions based on the contributions of non-high-earning employees. Annual compliance tests (such as the ADP/ACP tests) ensure businesses are not compensating some employees more than others. If a traditional 401(k) plan doesn’t pass these tests, the employer may need to take corrective action, which can be time-consuming and costly. This can lead to excess contributions being returned or additional employer contributions being required.

Of course, the benefits of safe harbor plans come with some conditions. Employers must commit to contributing a certain amount to the plan every year. In most cases, these contributions become fully vested when made. This means that the money contributed by the employer to an employee's retirement account immediately belongs to the employee and cannot be forfeited or taken away. However, it's important to note that there is an exception for Qualified Automatic Contribution Arrangement (QACA) plans, which we’ll explore in more detail below.

Safe Harbor Contribution Types

To help you understand your options, we will discuss the advantages and drawbacks of each type of safe harbor contribution.

Traditional Safe Harbor Plans

Safe Harbor Basic Match

In the safe harbor basic match formula, employers must match 100% of each participating employee's first 3% deferred plus 50% of the next 2% deferred. This effectively means that if an employee contributes at least 5% of their salary to the plan, they will receive a company match equivalent to 4% of their pay.

For example, suppose Employee A decides to defer 5% of their salary into their 401(k) account. Employee A’s annual salary is $50,000. Here is how to calculate the employer contribution:

• Step 1: Calculate 3% of Employee A's salary: 3% of $50,000 = $1,500
  • The employer must match 100% of Employee A's contribution for the first 3% of their salary deferral ($1,500).
• Step 2: Calculate 2% of Employee A's salary: 2% of $50,000 = $1,000
  • The employer must also match 50% of Employee A's contribution for the next 2% of their salary deferral. Employee A has deferred an additional $1,000 (2% of their salary). The employer will match 50% of this amount.
• Step 3: Calculate the total employer match: Employer match for the first 3% deferred ($1,500) + Employer match for the next 2% deferred ($500) = $2,000

Pros of the basic safe harbor match: This contribution structure encourages employees to save more for retirement since the employer matches their savings to a relatively high percentage.

Cons of the basic safe harbor match: From an employer's perspective, this can lead to increased costs if a large number of employees participate and contribute 5%. Employer safe harbor contributions cannot be subject to a vesting schedule, meaning the employee owns 100% of their account balance, and the employer cannot forfeit or take it back for any reason.

Safe Harbor Enhanced Match

The enhanced safe harbor match could be a good fit if you're looking to provide even more value to your employees. Rather than the standard safe harbor employer contributions, you can choose to increase the match to further boost your employees' retirement savings. For example, eligible employees may receive a 100% match on deferrals up to 4% of their annual compensation. With this formula, employees would only need to defer 4% of their salary to get the full match, compared to 5% with the basic safe harbor match.

Suppose Employee B decides to defer 4% of their salary into their 401(k) account. Employee B’s annual salary is $50,000, and their employer offers a 100% match on deferrals up to 4% of compensation. Here is how to calculate the employer contribution:

• Calculate 4% of Employee B's salary: 4% of $50,000 = $2,000
  • The employer will match 100% of Employee B's contribution for the first 4% of their salary deferral, so the employer will contribute $2,000 to Employee B’s account.

Pros of the enhanced safe harbor match: This added benefit can serve as a strong employee retention tool, as the additional contributions can be subject to a vesting schedule. Plus, employers can offer a formula that is easy for employees to understand and appreciate.

Cons of the enhanced safe harbor match: These extra contributions may be subject to additional compliance tests, depending on the contribution amount. Employer safe harbor contributions are not subject to a vesting schedule.

Safe Harbor Non-Elective Contribution

In a non-elective safe harbor 401(k) plan, the employer must contribute a minimum of 3% of pay for every employee who is eligible to participate in the plan, regardless of whether the employee chooses to defer contributions.

For example, suppose Employee C decides not to contribute to their 401(k) plan this year. Their annual salary is $50,000. Here is how to calculate the employer contribution:

• Calculate 3% of Employee C's salary: 3% of $50,000 = $1,500
  • The employer must contribute 3% of Employee C's salary, even though they chose not to defer.

Pros of the non-elective safe harbor contribution: The chief advantage of this approach is its simplicity. The calculation and implementation are straightforward since contributions are not dependent on employee contributions. This formula is great for smaller companies.

Cons of the non-elective safe harbor contribution: As employers are required to contribute for all eligible employees, the overall cost can be higher than other safe harbor 401(k) plans, particularly for companies with a large number of employees. Employer safe harbor contributions cannot be subject to a vesting schedule.

Qualified Automatic Contribution Arrangements (QACAs)

Qualified Automatic Contribution Arrangements (QACAs) are another safe harbor 401(k) contribution formula type. With this arrangement, the employer can combine the benefits of a safe harbor contribution strategy with the ability to automatically enroll any eligible employees without the need for them to affirmatively enroll or adjust their deferral rate.

In a QACA safe harbor arrangement, the types of safe harbor contributions are the same as above: safe harbor match or safe harbor non-elective. However, the formulas used to determine such contributions are slightly different, and there is an ability to impose a vesting schedule on those contributions, unlike in a traditional safe harbor plan.

QACA Safe Harbor Basic Match

Formula: In a QACA safe harbor Basic Match, the employer matches 100% of the first 1% of the compensation that an employee defers and 50% on any additional deferrals above 1% and up to 6% of the employee's compensation. This results in an overall maximum contribution to each employee for this contribution source of 3.5%, slightly lower than a traditional safe harbor basic match.

Vesting: QACAs allow employer contributions to be subject to up to a two-year cliff vesting schedule, meaning employees will have full ownership of the employer's contributions after two years of service.

Automatic Enrollment: The automatic deferral rate for a QACA must start at no less than 3% of an employee's salary. Each year, this rate must increase by at least 1% until it reaches a minimum of 6%. However, the deferral rate can continue to rise until it hits a maximum of 15%.

For example, suppose Employee D is automatically enrolled in the plan at a default deferral rate of 3%. Employee D’s annual salary is $50,000. Here is how to calculate the employer contribution:

• Step 1: Calculate 1% of Employee D's salary: 1% of $50,000 = $500
  • The employer must match 100% of Employee D's contribution for the first 1% of their salary deferral.
• Step 2: Calculate 2% of Employee D's salary: 2% of $50,000 = $1,000
  • The employer must also match 50% of Employee D's additional deferral between 1% and 6% of their compensation. Employee D has deferred an additional $1,000 (2% of their salary). The employer will match 50% of this amount ($500).
• Step 3: Calculate the total employer match: Employer match for the first 1% deferred ($500) + Employer match for the next 2% deferred ($500) = $1,000

Pros of QACAs: These plans encourage participation and allow employer contributions to be subject to up to a two-year vesting schedule. This can act as a powerful retention tool, incentivizing employees to stay with the company longer.

Cons of QACAs: With increased employee participation in a plan, the matching contribution costs also rise. Plus, although auto-enrollment may streamline processes over time, introducing it requires developing new communication materials and could mean additional work for the payroll team up front.

QACA Safe Harbor Non-Elective Contribution

Formula: In a QACA non-elective safe harbor 401(k) plan, employers must contribute a minimum of 3% of pay for every eligible employee, regardless of whether the employee chooses to defer contributions. Automatic enrollment is required, and a 2-year vesting schedule is allowed.

Vesting: QACAs allow employer contributions to be subject to up to a two-year cliff vesting schedule.

Automatic Enrollment: The initial automatic deferral rate for a QACA is at least 3% of an employee's salary. It must increase by 1% annually until it's a minimum of 6%, but it can go up to a maximum of 10%.

For example, suppose Employee E is automatically enrolled in the plan at a default deferral rate of 3%, but they choose to opt out of salary deferrals. Employee E’s annual salary is $50,000. Here is how to calculate the employer contribution:

• Calculate 3% of Employee E's salary: 3% of $50,000 = $1,500
  • The employer must contribute 3% of Employee E's salary, even though they chose not to defer.

Pros of the QACA non-elective safe harbor contribution: The calculation and implementation are straightforward since contributions are not dependent on employee contributions. This formula is great for smaller companies. Plus, employer contributions can be subject to up to a two-year vesting schedule.

Cons of the non-elective safe harbor contribution: Since employers must contribute for all eligible employees, the total cost might exceed that of other safe harbor 401(k) plans, particularly for companies with a large number of employees.

Setting Up a Safe Harbor 401(k) Plan

No matter your contribution formula, a safe harbor 401(k) plan can be a boon for your business. Safe harbor plans can help you simplify administration, optimize tax benefits, and maximize savings.

The ideal plan for your company depends on your specific goals. Are you looking to maximize your personal contributions as an owner, or is ease of administration your main focus? No matter your objective, Vestwell is here to help you design a plan that fits seamlessly with your goals. With Vestwell handling the heavy lifting, you can focus on what matters most—your business.

Don't miss out on the benefits of starting a safe harbor 401(k) plan. Take the first step towards a brighter financial future for your business and book a demo with us today.